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HomeMy WebLinkAbout103166 ZAK DIRT - PURCHASE ORDER - 9145479Fort Collins of PURCHASE ORDER PO Number Page 9145479 left This number must appear on all invoices, packing sli s and labels. Date: 01/13/2015 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: 09/22/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price z Change Order 1 1 LOT EA -12,414.28 3 Change Order 1 1 LOT EA 12,414.28 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. Ry smmm Our City of Fort Collins is exempt from site and local fixes. Our Exemption Number is 11. NONWAIVER. 984,1502. Federal Excise Tax Exemption Cenifcam of Registry 84-60005 W is registered with the Collector of Failure of the Purchaser in irsisl upon inner PeR of the terms and condilions hereof, failure or delay to Internal Revenue, Diver, Colorado (Ref. Coloradfi Revised Staines 1973, Chapter 39-26, 114 (a). exercise any rights or mnedies provided herein or by law, failure f promp ly notify be Seller in the event of a breach, the accordance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECfED due to failure to meet specifications, either when shipped or due to defects of any of the complains or obligations of this purchase order and shall not M dropped a waiver of any right of the damage in transit, may be retumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from be City of Fort Collins. of when shipped, received or acconed, as many poor or subsequent default hereunder, nor shall any purported oral Redirection or rescission of this pumhow order by the Franchiser operate as a waiver of any of Ihr terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, warrices or escarpment in response to this order an moult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. oulbcoved payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in armed prourappir practice, ovemloages resulting from mtimsat ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact bonne by the Purehaxr. ThemOfore, for good anse and as consideration for executing this purchase order, the Seller hereby assigns to be Purchaser a" and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, Too Wood SL, Fort Collins, CO 80522, unless acquired under federal or scam antitrust laws for such ovemlummi relating to the particular, goods or services otherwise specified m this order. Humanism is given to prepay freight seed clurgc separately, the original freight purchased or acquired by Ne Purchaser pursuant W this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in carious pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller bomber indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to For perforated by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by ell applicable laws, regulations, ordinances and Me. of the stain, municipality, mfntory or political subdivision where The Seller mall release the Purchaser acid its contractors orally per from all liability and claims of my wire the work is performed, or required by any other duly canstimted public authority having jurisdiction over the work resulting from the performance Orwell work. of vendor Seller fuller agrees io Mid the Cry of Fort Collins hmmleas from and against all liability and loss incurred by them by reason of an nsserted or established violation of any such lass, regulations, ordininces, roles This release shall apply even in tar event of fault of negligence of flee parry relived and shall extend f On, end requirement. directors, officers and employees ofswh pang. Authmiaabon. All parties to this compact agree that the representatives are, in but, bow fide and possess fun and The Setters contractual obligator, including warrmmty, shall mot be decimal as be reduced, in any way, because complete authority to bind said parties. such work is performed or mused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the to. and conditions stied herein set forth and any supplementary, or additional terms and conditions annexed hereto or incorponted herein by reib,ence. Any additional or different lams rand conditions proposed by sailor or. objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hyatt cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and Performance most Ire effected within the time stated on the purchase older and the documents aucMed hereto. No acts of the Purchasers including, without limitation, ameptwor of partial late deliceries, shall prepare res a waiver, afthia provision. In the occur firmly delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older cdsewhere and bolding the Seller liable for damages. However, flee Seller shall rot Ire liable for damages as a result officials due to causes not reasonably lresreable which are beyoed its reasonable control and without its fault of negligence, such act of Gad, acts ofciA[ or military amborities, gmemmmtal families, Gres, strikes, flood, epidemics, wars or riot provided flat limier of Ne 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 orally such delay, the dam of delivery shall be extended far the period equal to the time actually best by ream. of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials all work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar wture. The Seller agrees to hold the purchaser hmml= from any loss, damage or expense, which the Purchaser may suffer or incur on account of the Sellers breach of wafpan, The Seller shall replace, repair or make good, without cold I. the purchaser, any defects or faults arising within one (1) year for within such longer period of time as may be prescribed by law or by then. ofmy applicable wamnty provided by the Seller prior the &te of acceptance of the goods burnishes! hareundcr (acceptance not to be umemonably delayed), resulting from imperfect or defective work dare or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not unstimm 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 proximally caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event 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 Purchaser may make changes 1. legal Irma by wdnen change coder. 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 speeil atiom or dewing, by verbal or written change order. If any such change affects the amount due or the time of perfmmance Memories, an equitable adjustment shall ha made. 6. TERMINATIONS. The Purchaser may w any ri to by written change order, terminate this agreement as on any or all portsof the goods then not shipped, subject to any equitable adjustment hempen the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfil, on the umco e,laed portion of the goods and/or work, for incidental or conne,matial damages, and that no such adjustment be made in favor of the Seller with respect to any gents which am the Sellers standard stuck. No such temtiration shall relieve the Purchaser or the Sella army ofNeir obligations as to my good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusmmsd taus, be asome within thirty (30) days from the date the change or Iemtiwtip. is ordered. S. COMPLIANCE WITH LAW, no Seller wamnts skit all good fold hereunder shall have been produced, sold, delivered and fumiahed in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be p tired to effect or evidence compliance. All laws and regulations required to M ncorporated In agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by thc Purchase as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall assign trawler, or convey this order, or any monies due or to become &e hereunder without the prior writum consent of the other party. 10, TITLE. The Seller xanants full, clear and umauicted rifle todw Purchase for all equipmmL maenads, and It. fnnishod in Performance of this agreement, free and clear of ivy and all liens, mtrictions, resmations, security interest encumbrances and claims probers. 14. PATENTS. Whenever the Seller is required to use any design, device, material or press covered by letter, patent, trademark or cupynght me Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by remain of be use of such patented design device, minimal or process in connection with the contract, and skill indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosttution or aver the completion of the work. In case said implement, or any pan thrfmf Or the intended use of the goods, is in such suit held I. constimm infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense all at its option, either procure for the Purchaser be right to continue using said equipment or parts, replace din same with substantially equal but nminGngwg pompmmr, or modify it as it becomes noninfdnging. is, INSOLVENCY. If the Seller shall become insolvent or hamwpq make an assignment for Ne benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this coda may forthwith ha canceled by the Purchaser without liability. 16. GOVERNING LAW. no definitions of maw used or the interpretation of the agrxement and the right of all parties Marauder shall be consbued under and governed by the laws ofRr Stain of Colorado, USA. The following Additional Conditions apply only in cappes where the Seller is in perform work hcrtaMer, including Ne services of Sellers Represematice(s), on the prsmkses of alders. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until be same is fully completed end accepted, and stall, in u of any accident destruction or injury 10 the work ands., maenads before Sellers final completion and acceptance, complete the work at Sellers own expense and to the smisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials anNor equipment were being furrdshed by the Seller under the oorri 18. INSURANCE. The Seller shall, at his own exiguous, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in comeeri.n with the work covered by this purchsse order, endbr to their dependents in m'wrdance with the laws of the state in which the work is to be done. TM Seller shall also carry comprehemive Summit liability including. but not limited m, complicated all automobile public Inability insurance with bodily injury and death limits oral local S300.00n for pray one person, S500.000 fro any one accident and property damage limit per accident of S4N.". The Seller shall likewise Fortune his if any, to provi4 for such con,sawaration and insurance. Before any of me Sellers or his contractors employees shall do any work upon thc premises of others, the Seller shall famish be Purchaser with a cenifwte that such mmpewation and insurance have been provided. Such cmificttes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agees that such compensation and insurance shall be mai.wined until slier the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire ersponsibility and liability for any and all damage, loss or injury of any kind or notice wha6aever to persons or property caused by or resulting from the execution of the work provided for in this purchase older or in connection herewith. The Seller will indemnify and Hold hamless file Purchaser and any r all of the Pumhwers aIfrers..grnti and rmptorees from and against any all all claims, dosses, damages, charges or expenses, whether direct or Indirect, and whether to persons Or property to which flee Purchaser may M put or subject by Reagan of any ect faction, region, omission or default no be pan of the Seller, any of has contractors, or any of the Sellers or contrecmrs officers, agents or employees. In case any suit or other proceedings shall be brought epiwuhe Purchaser, or its officers, agenn of employees a1 any time on account or by rcuon 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 aforemid, the Seller hereby agrees to assume the &tense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, allomcp fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of it or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien ha placed span or obtained against the property ordap Purchaser, or said panid in or as a result of such suits or other proceedings, the Seller will at mac cause the same to be diwaNed and discharged by giving bond of otherwise. The Seller nod his contactors shall take all safely precautions, forish all install all guard necessary for the prevention of accidents, comply with all lass and regulations with regard to safety including, bill without limitation, the Occupational Safety and Health Act of 1970 and all uses and negotiators issued pursuant thamo. Revised OTR014