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HomeMy WebLinkAbout103166 ZAK DIRT - PURCHASE ORDER - 9136778 (3)Fort Collins Date: 12/16/2014 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 Quantity UOM Unit Price Extended Ordered Price 7 CHANGE ORDER 3 1 LOT EA-18,632.63 s CHANGE ORDER 3 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.com 1 LOT EA -74, 530.60 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 hale Order Terms and Conditions - Page 2 of 2 1. COMMERC1ALDEFAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tuxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifitim of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver Colorado (Ref. Colorado Revised Sautes 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to area specification, either when shipped in due to de@ca of damage in mnsit may be returned to you for credit and one, not m be replaced except upon receipt of wrinen ancromrausf the Cary of Fon Collins. Inspection. GOODS ere subjecuo be City of Fort Collins inspection on arrival. Elm) Acceptance. Receipt of be merchandise, services in egcipa co, in response m this order an result an authorized payment on the part of the City of Fun Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable repaired inspection procedures. Freight Teems. Shipments must be E.OB., City of Fort Collins, 700 Wood St, ran Colima, CO 80522. unless otherwise speared on this order. If permission is given to prepay freight and charge sepmnady, be original freight bill must accompany im'oice. Additional charges (or tacking will nor he nccemal. Shipment Distance. Where manufarnters have distributing Points in various pars of the country, shipment is expected from me nearest distribution count to destination, and excess freight will he deduced from Invoice when shipments are made from greater distance. Bemib. Seller shall procure at sellers sole cast 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 coutimmd public authority having jurisdiction ova the work of vendor Seller further agrees to hold the City of Fan Collins harmless fmm and a,a. all holiday and loss incurred by them by reason of an asserted or established violation of any such ]am, rablatione, ordinances, roles and requirements. Authorization. All parties to this contract agree that the mpresenmtives are, in fact, bane fide and poems, full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tears and conditions stated herein set forth and any supplementary or additional it. and conditions annexed hereto ar incorporated herein by referenre. Any additional or fiffecem terms and conditions proposal by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam at noted. Time is of the coerce. Delivery mad performance must be effedcd within be it., stated on the purchase order and be documents attached hereto. No aza of the Purchasers including, without lamim ce, acceptance ofpartial late deliveries, shall agenda as a waiver ofthis pmvnaon. in be event many delay, the Purchaser shall have, in addition to other legal and amicable remedies, the option of placing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due do causes nod reasonably foreseeable which art belated its reasonable control and without its fault of negligence, such acts of God, acts of civil or malhary continues, gnvemmenml priorities, fares, strikes, rood, epidemics, wars or fiats pounded rum notice of the cambiums cooing such delay is given to the Purchaser within five (5) days of the tame when me Seller firs received knowledge thereof In the ,vend of any such delay, the dine of delivery shall he extended roc me penal equal to be time actually Its, by. 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 mdm r other descriptions given, will be fir far the purposes intended, and performed with the highest degree of care and compacnce in accordance with accepted dam ands for work of a similar nature. The Seller agrees to hold the purcbaser 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 purchase, any de@cos in faults arising within cote (1) year or within such longer period of time u maybe prescribed by law or by the mere of., applicable.1y provided by me Seller after the rime of acceptance ofthe goods dismissed hereunder Fica aoce not to be umramnmIy delayed), resulting from imperfect or defective week done or materials fnhd by the Salley. Acceptance or use of good by me Purchaser shall not consulate a waiver ofany claim coda this wamnty. Except as otherwise provided in this purchase oN,a be Sellers liability hereunder shall extend to all damages pmxireamly caused by me branch of any of be foregoing warrmttia or guarantees, but such liability shall in no event include Ines ofp,.fi,x or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes in legal terms by women change order 5. CHANGES IN COMMERCIAL TERMS. The Pm,Faso may make any changes to dare Terms, outer than legal terra. Including cadmium, or deletions fmm the quantities actually ordered in be specification or drawings, by vertical or admen change order. If tiny such change affects be amount due or be rime ofpafommce hererrda, an amiable adjustment shall be trade. 6. TERMINATIONS. The Purchaser may at any time by written change arder, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for May claims for anticipated profits on be uncompleted RMAon office good andtor work, for incidental a couequeneul damage, and but no such adjustment be made in favor ofthe Seller with roped to any good which art the Sellers srandard stock. No such termination shall relieve be Pumhoser a the Seller army afmmc obligations as to any goods delivered haeunda. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mum be asserted within thirty (30) days fmm the dam me change o mminsion is Ordered. 8. COMPLIANCE WITH LAW. The Sella warard s that all goods sold hererrder alml have been produced, sold, delivered and fumishal in atria compliance with all applicable laws and regulations to which be goods are subject The Seller shall execute and deliver such documents as may he re uired to effect or evidence compliance. All laws and regulation capital to he incantational is agreements of thus character are hereby incorporated herein by this reference. The Seller agree in indemnify and hold me Purchaser finless from all costs and damages sufficed by the PurcM1asurr as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder withoutthe prior women consent ofthe other parry. 10. TITLE. The Sella warrants full, clear and sommiceed title to the Purchaser for all equipmca, materials, ant items f i,hal in performance, of this agreement, fee and clear of my and all loans, munitions, reservations, security interest encembrmces and claims of others. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exacism any rights or remedies provided herein or bylaw, failure to promptly notify the Seller in the event Of. breach the acceptance of or payment for goods hereunder or uppercut of the design, shall not release the Seller of any of the wemndies or obligations of this purchase order end shall at be deemed a waiver of any right of the purchaser to Fund upon strict performance hereof. any of its rights m remedies as to any such goods, regardless of when shipped, received or accepted, as to any prim or subsequed default hereunder, nor shall any pu aerated rand modification or rescission of this purchase order by me Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fern minimal vlolmono are in met home by the Pmchmer. Theremfiam, fangood coos and as considemian for executing this purchase order, the Seller hereby assigns to the pareM1uer any and all claims it may now have at hereto acquired under talent or same w r rest laws for such ovachvga minting to me particular goods or services poebased or impaired by me Purchaser pursuant to this purchase maker. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifine Producer directs be Seller to correct nonconf mg or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, be Purchaser may couse me work to be performed by the most expeditious means available to it, and the Seller shall pay all costs nssocimed warn such work. The Sella shall Odense the purchaser and its americium of any tier From all liability and claims of any nature resulting from be performance Mauch work. This release shall apply even in the .'cot of fmm of negligence of the party released ant shall extent m me dhectors, Miters and employees id such piny. The Seller's contractual obligations, including warranty, shall not be domed to be educed, in very way, because such work is performed or caused to be performed by be Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lamer, patrnt trademark r copyright, the Seller shall indemnify and sax hamless the Purchaser from any and all claims for infringement by mcasm of the use of such patented design, device, material or process in corm etim with be co..,, and shall indemnify the Purchaser fo any cut, expense or damage which it may be abligal to pay by reason ofsuch infringement at any time during be pmsmttion or after me completion of the work. In ease said equipment, or any pen thereof or me intended use of be goads, is in such suit held to constitute infringement ant the use of said aluipment or pan is enjoined, be Seller shall, at its own expense and at its option, either procure for the purchaser the right to carbon, using said equipment or parts, replace the same with substantially equal but noninfringing tyuiparent or modify it so it becomes nordnf tinging. 15. INSOLVENCY. If ffe Seller shall become coadvend or bankrupt, make no assignment for the bereft of creditors, appoint a cabiver Or trustee far any of me Sellers property or business, this order may forthwith be canceled by flaw ,camnam, withautliability. 16. GOVERNING LAW. The definmau of tams tied or the imaneatim of me muccoem and the rights ofall panics hereunda shall be coestmed under and governed by me laws ofthe Same of Colorado, USA. The following Additional Conditions apply only in cues where the Seller is to perform work hereunder, including the services of Sellers Repremnarive(s), on me premises of others. 17. SELLERS RESPONSIBILITY. The Sell. shall Carty on sand work at Scllcr's own risk writ the same is fully arm dadad ant accepted, and shall, in eau of any accident, deduction or injury to be work anNor materials before Seller's final complains and acceptance, complae the week at Seller's own expense and m me amisfazdon of be Pwehas.. When marmots and equipment are banished by offers for installation or action by me Seller, the Seller shall receive, unload, stare end handle same ai the site and become resonable therefor as though such materials and., campmenl were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his awn extxnse, provide for the payment of workers compensation, including ocropmaonal disease berefits, to its employees employed on or in correction with the work covered by this parchue order, contra to their dependents in accordance with me laws of be state in which the work is in be done. The Seller shall also carry comPreEerasave general liability including. but rat limited 1a, i-dractual mM aummobfle public liability auurnce with bodily injury and death limits of at lent S300,000 for any one person, S500,000 for my one accident and property damage limit per accident of S400,000. The Sella skull likewise require her comments, if any, to pmaide for such compeuation and insurance. Before any of ffe Sellers or her commi employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such « di0cams shall specify the date when such compensation and insurance have been provided. Such certificates shall specify be date when such compensation and iuumuce expires. The Seller agrees that such compensation and insurance shall be maintained until after be entire work is completed ant accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sellerr hereby assumes the entire responsibila, mad lubdaty far any ant all damage, lass or injury ofany kind or vesture whatsoever to person or property caused by or resulting man tbe execution ofthe work Provided for at this purchase order or in connection herewith. The Seller will indemnify and hold Ness me Purchaser and ivy r all of the Purchasers oRcen, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons Or properry 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 contractors, or any of the Sellers or combeft rs officers, agents or employees. In com any suit or offer proceedings shall be brought against be Purchase, or its officers, agents or employees in any tame an account or by leaven of any act, action, negleot, omission at default of me Seller of any of his contractors or any of its or their officers, agents or employees to aforesaid, be Seller hereby afire. to assume the deft. thereof and to defend be same m me Sellers own expene, to Pay any and all rasa, charges, amorm s fees it Of expenses, any and all judgments that maybe incurred by or obtained against the Ptuchazer a any of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or offer lien be placed upon or obtained against the property ofthe Purchaser, or said cocoas in err M a result of such suits or offer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or offardse. The Sella and his contractors shall take all safety preca dim , fumash and artful all guards necessary fir the prevatiau of azcidents, comply with all from and regulations with regard to safety including, but without limitation, me Occupational Safety road Health Ave of 1970 and all roles and regulations iuual pursuant merem. Revised 07a014